Monthly Archives: August 2009

first amendment: an overview
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. See U.S. Const. amend. I. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted, the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. See U.S. Const. amend. XIV.
Two clauses in the First Amendment guarantee freedom of religion. The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the “separation of church and state.” Some governmental activity related to religion has been declared constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and the enforcement of “blue laws” is not prohibited. The free exercise clause prohibits the government, in most instances, from interfering with a person’s practice of their religion.
The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech. A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. The right to free speech includes other mediums of expression that communicate a message.
Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.
The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. This implicit right is limited to the right to associate for First Amendment purposes. It does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage and promote illegal activities. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual’s current or past membership in a particular group. There are exceptions to this rule where the Court finds that governmental interests in disclosure/registration outweigh interference with first amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups.
The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the courts (litigation) or other governmental action. It works with the right of assembly by allowing people to join together and seek change from the government.

There have been a lot of comments made unrelated to the subject matter of this blog. We will no longer be posting unrelated comments. The subject matter of this blog is Constitutional right violations, civil right violations, public corruption related to DOJ, IRS AND OR THE COURTS.

A couple of years ago, I was witness to the psychotic behavior of one Jay
Adkisson.

A friend of mine, a website designer, had called Jay’s office and left a
message for Jay, asking why Jay chose to include a case, as yet tried, as an
example of tax “scams”.

No sooner than my friend had gotten off of the phone, Jay Adkisson himself
called back and launch into a tirade against my friend, yelling and
screaming and ranting about things unrelated to the question he had been
asked. Needless to say, my friend called the phone company and reported the
abusive phone call. A while later, Adkisson’ office called and his
“handlers” apologized for Jay’s actions and said he had been under a lot of
stress. There is a police report on file about this incident.

In my mind, Jay Adkisson is a control-freak and suffering from delusions of grandeur.

Further, he “asset protection” scam while pointing fingers at others who
don’t pay their “fair share” in taxes is a prime example of the hypocrisy
that abounds in the circle of lawyers and the federal government and other
such perverts.

Check this out. I found this on another website Let me know what you think.

The Quatloos Website is a FRAUD

Dave Champion thrashes Jay D. Adkisson on American Radio Show, March 6, 2004. Beware, tax honesty advocates! There is a lot of snake oil out there, and
the most prominent source of anti-tax protester snake oil is the Quatloos website at http://www.quatloos.com. This website is run by a verbally abusive and arrogant lawyer named Jay Adkisson. That website has been around for at least the last three years and has been in existence ever since this website stood up. It has become famous fortrashing absolutely EVERYONE who wants an accountable and law-abiding government so far as taxation is concerned. From now on, we will refer to Mr. Adkisson in this article as AssKisser (or Ass Kisser’s Son, in its long rendition), and the favorite Asses he kisses and brown noses are those of the Senate Finance Committee and the Illegal Robbery Squad (IRS).

We use the derogatory term “AssKisser” only because we think Divine Justice ought to operate on him, where he reaps exactly what he sows. His whole website slanders people so he, and only he, definitely ought to get a BIG dose of his own medicine. We don’t, however, have to tell untruths in order to discredit him, because the truth about his misdeeds is more damaging than the kinds of deception and lies that he practices.

If it’s truth, it isn’t slander, but simply “news”. He is among the few people who deserve this kind of negative attention. “God resists the proud, but gives grace to the humble…..Be sober, be vigilant; because your adversary the devil [and the Quatloos Website] walks about like a roaring lion, seeking whom he may devoir. Resist him, steadfast in the faith, knowing that the same sufferings are experienced by your brotherhood in the world.” [1 Peter 5:5-9, Bible, NKJV]

AssKisser has appeared at the Senate Finance Committee hearings several times over the past few years, held usually in April right around tax return time. These meetings have turned into a favorite method of tax terrorism of the American public by the greedy politicians, because they talk about shutting down people’s free speech rights and tax honesty websites in violation of the First Amendment, and they like quoting statistics on all the people who have gone to jail for “not paying their fair share”.

Imagine that: Snake Oil salesmen in Congress trying to figure out a way to eliminate their competition!

AssKisser is the favorite fair-haired boy of Senator Charles Grassley, who chairs the Senate Finance Committee. Politicians love him up on Capital Hill because he’s so gifted at propaganda, verbal abuse, and slander. You could search his website for days and not find a single reliable fact. The only thing he is interested in is: Court rulings below the Supreme Court. He cherry-picks the few rulings that DIDN’T go unpublished and which favored the government and then says these are the “gospel”, in spite of the fact that the IRS’ own Internal Revenue Manual says in section 4.10.7.2.9.8 that rulings below the Supreme Court cannot be cited as applying to more than the specific “taxpayer” in question.

Tax protesters who trash their fellow colleagues. Thurston Bell’s nite.org website has been shut down for quite some time and Thurston himself has been
discredited by AssKisser’s own admission, but the AssKisser still loves quoting mainly Mr. Bell’s criticisms of his other fellow tax honesty advocates.
AssKissers Method of Operation (MO) is as follows: Quote irrelevant caselaw if it proves the point you want. Ignore the source of jurisdiction in each case he quotes. For instance, ignore the citizenship or “taxpayer” status of the litigant. This helps reinforce the false notion that ALL AMERICANS are “taxpayers”, when in fact they aren’t. Print the first rumor that comes along. Ignore unpublished cases, which are the majority of cases and all of the cases where people won against the government. Don’t pay any attention to the trend to make federal tax cases unpublished. Never mind that the federal judiciary is covering up their own wrongdoing in what amounts to obstruction of justice and conspiracy against rights in violation of 18 U.S.C. §241.

If you don’t understand the arguments or they are too prejudicial to the government, then just call them “frivolous”, which is the intellectually easy and lazy way and verbally abusive way to win any argument. When any argument gets too close to the truth, personalize it by slandering the messenger to divert attention away from the facts and the law. That way you never have to admit that you heard the truth. That’s EVIL. Disregard the fact that the federal government has no jurisdiction inside states of the Union by default and that jurisdiction can only be conferred by a ceding of state jurisdiction under the authority of 40 U.S.C. §255.

Yes, the federal government does have very limited subject matter jurisdiction within states of the Union for certain very specific things, like mail fraud and counterfeiting, but direct taxation is not an authority delegated to them under the Constitution. The only taxing authority they have inside states of the union is on foreign commerce under 1:8:3 of the Constitution. See Chapter 5 of our Great IRS Hoax for a very thorough explanation of why this is the case, which is unrebutted by anyone.

Since you know that everything you say is lies anyway, don’t ever put your name on anything, and ignore the fact that the IRS does the same thing with their own publication called “The Truth About Frivolous Tax Arguments”. If it’s not official and there is no formal author, then you can’t be held liable for misrepresentation because no one can prove you wrote it. That’s the key to what we call “plausible deniability” and its the only way to avoid having your license to practice law pulled if the lid ever blows on the huge Pozzi Scheme our government is pulling. Ignore the definition of “person” used for the criminal provisions of the Internal Revenue Code, which means an officer of a federal corporation or partnership. See also Great IRS Hoax section 5.4.8 and 26 U.S.C. sections 6671(b) and 7343.

Ignore the fact that there are no implementing regulations under Part of of the CFR authorizing any kind of enforcement actions on Americans living in the 50 states, which by the way are MANDATORY for all enforcement authority. See Great IRS Hoax sections 5.4.6, 5.4.7, and 15.11.17.

Confuse people about the meaning of the word “includes”. Make it into a “rubber word” that allows definitions to expand to fill any space at the whim of whatever judge is hearing the case. This provides a convenient vehicle to deceive people, to abuse Due Process, to deny justice, and transform our country from a society of laws (see Marbury v. Madison) into a society of men. It also provides a convenient way for judges and the IRS to violate the separation of powers doctrine and commit TREASON.
Ignore the massive conflicts of interest created by the corruption of our tax system. When tax honesty advocates post anything in his Tax Protester Forum that he doesn’t agree with or he can’t argue with, he deletes it rather than responds to it. The forum we started on his website was locked so that no one could post to it, because he quite frankly doesn’t want the truth getting out. He is a coward and a Communist!
……THIS LIST GOES ON FOREVER.
AssKisser is deaf to nearly everything and everyone else. He worships the federal judiciary and probably hasn’t cracked open a copy of the Internal Revenue Code or the Treasury Regulations in decades. His website features the most imbalanced and illogical view of federal taxation out there. AssKisser also happens to be the most evasive person we’ve met in regards to debating tax honesty issues. We have written this fool on several occasions to determine whether he is capable of rational thought on the subject of taxation. We didn’t contact him to ask questions or ask for legal advice, but only to ask him to rebut the overwhelming evidence of government wrongdoing right out of the government’s own mouth as reflected in the following publications:

The Great IRS Hoax-book

Rebutted version of the IRS’ “The Truth About Frivolous Tax Arguments”

Rebutted version of the Congressional Research Report 97-59A entitled

“Frequently Asked Questions Concerning the Federal Income Tax”.

IRS Deposition Questions-expanded version of the We the People Truth in

Taxation Hearing

On each and every occasion, instead of sticking to the facts and issues addressed above, he simply returns our inquiry with insults, verbal abuse, and the frequent word “frivolous” without ever explaining why. Remember, the legal definition of the word “frivolous” is “without legal foundation or intended to harass”. We were polite and logical and simply asked for a rebuttal, and we got insults back, because AssKisser knows he would blow up the whole tax system if he told the truth. If he rebutted even one issue in any of the above publications, then he would obligate himself to explain all the contradictions and illegalities he then introduces into all of the other facts in the same document, and so he doesn’t dare respond to any of our materials. Never start an argument that you can’t win, and never tangle with a legal opponent who has all the evidence.

AssKisser’s sponsors in the Senate Finance Committee are just as evasive as he is. We’ve sent at least one polite letter to Mr. Grassley asking him to rebut our rebutted version of the Congressional Research Report 97-59A entitled “Frequently Asked Questions Concerning the Federal Income Tax” and
we got complete silence in return. That is what we call a “Fifth Amendment Response”. Read the letter we wrote for yourself.

AssKisser’s attitude certainly doesn’t help anyone come to the truth of the matter, and we suspect he doesn’t want Americans to know the truth, quite
frankly. He is like every other lawyer in the tax profession: His main goal is to keep the Truth about taxation OUT of the courtroom and out of the hands of the American public. As long as confusion and uncertainty and fear prevail in federal courtrooms all over the country in regards to taxation, then the Feudal system of Taxation that we have can continue unabated, and maintaining the status quo on federal taxation is where most of his bread and butter comes from.

We wrote AssKisser several emails. Most recently, we asked him where he gets his funding. I’m sure you realize that lawyers don’t work for free,
and in most cases, they entered the profession so they could get rich quick.
Here was the interchange:
QUESTION: Name: Mark
City: San Diego
State: CA
Country: US
Question: Since your site focuses on tax, trust, and money scams and is
political in nature, its entirely appropriate as a nonprofit organization
that you fully disclose where your contributions come from. This kind of
full disclosure would bolster your credibility. I would like to donate but I
refuse to do so without a full disclosure of your recipients and/or donating
organizations. In particular, I would also like to know how much of the
money comes either directly or indirectly from the following organizations:

1. The U.S. government

2. State governments
3. The American Bar Association

4. Trial lawyers.

5. Individuals not connected directly or indirectly with any of the above

(as a percentage). I don’t want to know individual names.
Mark
ANSWER: Sure! The percentage of funding we receive is below:

1. The U.S. government
> NONE.
2. State governments
> NONE.
3. The American Bar Association
> NONE.
4. Trial lawyers.
> NONE.
5. Individuals not connected directly or indirectly with any of the above
> 100% (mostly from mug sales — people love our mugs, but our caps are cooltoo!).

Also, we are not a political group and do not advocate the election of any candidate of any party whatsoever.
Hope this helps!
Quatloos!

He has only been selling mugs for about one of the last three years. How many of you believe that a tax lawyer, most of whom earn $300 or more per
hour, is going to work basically for charity. And how many of you believe that the the very uncharitable things he says about tax honesty advocates have a charitable motive?

We don’t believe that his efforts are charitable in any sense of the word.
Charitable causes don’t trash people. We don’t trash people, we criticize
bad (sinful) behavior, but no people. We don’t hate AssKisser, but we hate
the evil that he does to people by misinforming them and by lying to them
about what the tax laws say. AssKisser also contradicted his own words
above in a posting on his Tax Protester’s forum on July 28, 2003, in which
he said:
“I’m tempted to have the non-profit that sponsors Quatloos!, i.e., Financial
and Tax Fraud Education Associates, Inc., apply for leave to join the suit
as Amicus Curiae, and then immediately file a motion for Rule 11 sanctions
against WTP and all involved. Those possibly interested in helping out with
a such a lawsuit, contact me offline.”

Wait a minute! First he says all his revenues come from coffee mugs, and
then he turns around and says that he instead is sponsored by a nonprofit
group. You can’t have it both ways. Either coffee mugs or an external
organization sponsor the costs, but he only mentioned one of the two so
AssKisser must be a liar. Right after we posted this article, Mr. AssKisser
trumped himself again in response to it.

We found the above quote by searching his online forums using the “Search” button. Well, apparently
when Mr. Askisser read this article, he responded by removing the “Search” button from his Tax Protester Forum to make it more difficult to find
postings made by him that would further expose his fraudulent dealings! Research for yourself if you don’t believe us!

Below is how the Apostle Paul responded to people like AssKisser, which is consistent with how we view him:

“For there are many unruly and vain talkers and deceivers [at the IRS],
specially they of the circumcision: Whose mouths must be stopped, who subvert whole houses [and families],
teaching [and saying] things [about the tax laws] which they ought not, for filthy lucre’s [money’s] sake.
One of themselves, [even] a prophet of their own [Senator Grassley of the Senate Finance Committee], said, The Cretians [tax protesters are] always iars, evil beasts, slow bellies. This witness is true. Wherefore rebuke them [IRS and government and
AssKisser] sharply, that they may be sound in the faith; Not giving heed to Jewish fables [in this case, the Internal Revenue Manual
or the IRS Publications], and commandments of men [their 800 telephone support service, that gives wrong advice over 60% of the time by the IRS’
own admission], that turn from the truth. Unto the pure all things [are] pure: but unto them that are defiled and unbelieving [is] nothing pure [the IRS and the Congress and AssKisser]; but even their mind and conscience is defiled [their conscience has been warped because they took a bribe [by being a consultant, in the case of AssKisser, in violation of Exodus 23:8]. They profess that they know God [and at least PRETEND that they love their
brother and the people they serve]; but in [EVIL] works they deny [Him], being abominable, and disobedient, and unto every good work reprobate.”
[Titus 1:10-16, Bible, NKJV]
By: Chris Hansen

The more I read up on how our government is corrupt I like the fact that Michael Ioane is fighting the IRS. Every wonder why Michael Ioane is suing the IRS?
According to a recent poll by Rasmussen Reports 3 out of 4 Americans, from across the spectrum of age, race, political affiliation and income, agree with Ron Paul and the 279 cosponsors of his bill (H.R. 1207) in the House of Representatives that the Federal Reserve should open its books to an independent audit.
This is yet another indication that the topic of the Federal Reserve is being pushed to the forefront of the United States awareness.

It was only a short time ago that Ron Paul would write legislation to abolish the Federal Reserve and it would be completely ignored if not scoffed at in Congress. But since his surprisingly successful Presidential run, which scored a major victory in educating a large percentage of young people on the intricacies of the Federal Reserve System, fractional reserve banking and monetary policy, his fellow Congressmen have no choice but to sit up, take notice and sign on to his bill.

In a speech on the House floor yesterday, Ron Paul pointed to the fear that is becoming apparent in both the Federal Reserve System leadership as well as the leadership in Congress. He turned the old argument that is often used on the American people to pass legislation such as the Patriot Act and in defense of carrying out wiretapping…etc against the Federal Reserve. The argument that states that if you have nothing to hide you should have nothing to worry about.
Chairman Ben Bernanke and the Federal Reserve System demonstrated recently just how concerned they are with the momentum that House Resolution 1207 is building by holding a town hall meeting on PBS. During the town hall, Bernanke reiterated the same weak argument he stated to Ron Paul himself during his testimony before Congress. He said that by having an independent audit of the Federal Reserve it would politicize the monetary policy decisions that the Fed makes when contemplating a move in interest rates.
This argument is essentially a straw man, because H.R. 1207 does not give Congress the authority to go in and audit the Fed’s interest rate moves immediately after a decision is announced. Bernanke takes that straw man argument a step further and says that the ability for Congress to audit the Fed would strip the Fed of its independence. But in reality it is already clear that the Fed takes cues both from the White House as well as Wall Street when deciding on where to place interest rates. Because if they were truly independent and had the best interest of the American public’s long term future in mind they would not keep interest rates artificially low, a practice that simply deflects a monetary crisis further into the future and continues to inflate a bubble.

When September comes Congress will reconvene and the youth of the nation will return to schools to be among their peers, the brushfire that is H.R. 1207 may be raging beyond the control of any Ben Bernanke town hall. It is then that all of H.R. 1207’s supporters may step up toe to toe with the Federal Reserve System. Neither side is willing to back down. If H.R. 1207 sees a vote on the House floor it may well be the first shot across the bow in a battle that will be the populous against the world financial oligarchy. May the best man win.

I would like to see Michael Ioane bet the IRS. It will give us all a little bit of hope.

About

Friends of Michael S. Ioane is a blog for postings from various authors. We are dedicated to news and information regarding how the Justice Department aids and abets the IRS in criminal activities with special emphasis on the Eastern District Court of California.
Saying Things other People Think!